Tenant not paying rent: what landlords should do now

Rent arrears remain a major concern for residential landlords, particularly as the Renters’ Rights Act 2025 reshapes the legal landscape for possession claims and tenant disputes. Delays in taking action can often make matters worse, increasing financial pressure and reducing the options available to recover possession or outstanding sums.

Landlords dealing with unpaid rent need a clear strategy from the outset. Acting too aggressively can create legal risks, while waiting too long may allow arrears to escalate further. A balanced and legally compliant approach is essential, particularly now that section 21 “no fault” evictions have been abolished in England.

Our property litigation solicitors advise landlords across England and Wales on rent arrears disputes, possession proceedings, section 8 notices, guarantor claims, and wider landlord and tenant disputes.

If you are experiencing difficulties with unpaid rent or tenant communication, contact our solicitors for expert guidance tailored to your situation.

What should landlords do when rent is not paid?

The first step is to review the tenancy agreement carefully and confirm:

• The amount of rent due.
• The payment dates.
• Whether any grace period applies.
• Whether a guarantor has signed the agreement.
• The level of arrears outstanding.

It is also important to keep a clear written record of missed payments, correspondence, and any agreements reached with the tenant.

Many landlords initially attempt to resolve matters informally. A short delay or isolated missed payment may not immediately justify formal legal action. However, where arrears continue to increase or communication breaks down, landlords should consider their legal position quickly.

How the Renters’ Rights Act impacts landlords

The Renters’ Rights Act 2025 represents one of the most significant reforms to the private rented sector in decades. The legislation has now abolished section 21 “no fault” evictions in England, meaning landlords must instead rely on statutory grounds when seeking possession of residential property.

For many landlords, that places greater importance on properly managing rent arrears issues from an early stage and ensuring the correct legal procedures are followed throughout.

Many landlords are now adjusting to a system with:

• Greater reliance on section 8 grounds.
• Increased procedural scrutiny.
• More evidence-heavy possession claims.
• Potentially longer court delays.
• Greater pressure on the court system.

As a result, landlords are increasingly reviewing tenancy agreements, arrears procedures, guarantor arrangements, and wider portfolio management strategies to reduce risk and improve recovery options where disputes arise.

Communicating with tenants about rent arrears

Early, constructive communication with tenants can often resolve rent arrears issues, fostering cooperation and reducing the likelihood that formal enforcement action will be required.

Landlords should remain professional and avoid actions that could amount to harassment or unlawful eviction. Examples include:

• Repeated unannounced visits.
• Threatening behaviour.
• Removing belongings.
• Changing locks.
• Disconnecting utilities.

Even where tenants are in substantial arrears, landlords must still follow the correct legal process. Clear written communication is advisable, particularly where the landlord may later need to rely on evidence during possession proceedings.

When should landlords take legal advice?

Seeking legal guidance can help landlords avoid costly mistakes and ensure their actions comply with current legislation. Legal advice may be appropriate where:

• Rent arrears continue to increase.
• The tenant stops engaging.
• Multiple promises to pay have been broken.
• The landlord wants possession of the property.
• There are concerns about damage or abandonment.
• A guarantor may need to be pursued.
• The tenancy documentation needs reviewing before action is taken.

Early legal advice can often help landlords avoid procedural mistakes that later delay possession claims.

Can landlords evict tenants for unpaid rent?

Potentially, yes. Rent arrears remain one of the most common grounds used to seek possession of residential property.

Since the abolition of section 21 notices, landlords now generally need to rely on statutory grounds under section 8 of the Housing Act 1988 when seeking possession due to unpaid rent.

The court will usually expect landlords to demonstrate that the correct legal process has been followed, including proper service of notices and accurate calculation of arrears.

Mistakes with notices, paperwork, deposit protection requirements, licensing issues, or prescribed information can create delays or undermine a claim entirely.

What is a section 8 notice?

A section 8 notice is a formal notice seeking possession based on specific legal grounds under the Housing Act 1988.

For rent arrears cases, landlords commonly rely on:

• Ground 8, which relates to mandatory possession where sufficient arrears exist.
• Ground 10, where some rent is unpaid.
• Ground 11, where there is persistent delay in paying rent.

The level of arrears required and the notice periods involved can vary depending on the circumstances and any future legislative changes.

A carefully prepared section 8 notice is often critical to a successful possession claim.

Can landlords recover unpaid rent as well as possession?

In many cases, landlords may seek a combination of remedies to address the financial and practical consequences of rent arrears. Depending on the circumstances, landlords may pursue one or more of the following:

• Possession of the property.
• A judgment for unpaid rent.
• Interest where applicable.
• Legal costs in certain circumstances.

Recovery options will often depend on the tenant’s financial position, the level of arrears involved, and whether enforcement is likely to be commercially worthwhile.

Where a guarantor is in place, landlords may also have additional recovery options available.

Can a guarantor be liable for rent arrears?

Potentially, yes. Much depends on the wording of the guarantee agreement and whether it has been properly executed.

A guarantor may be responsible not only for unpaid rent, but also other breaches of the tenancy agreement, depending on the terms signed.

Landlords should avoid assumptions and obtain legal advice before pursuing guarantor claims, particularly where tenancy renewals or variations may affect enforceability.

Common mistakes landlords should avoid

Landlords facing rent arrears disputes often make avoidable mistakes which later create legal or practical problems.

Common examples include:

• Delaying action for too long.
• Serving incorrect notices.
• Miscalculating arrears.
• Failing to keep written records.
• Accepting partial payments without considering legal implications.
• Attempting informal eviction measures.
• Failing to check compliance issues before issuing proceedings.

A structured approach is usually far more effective than reacting emotionally to a difficult tenancy situation.

FAQs about tenants not paying rent

Below are some of the questions landlords commonly ask when dealing with rent arrears and possession issues.

1. Can I change the locks if my tenant stops paying rent?

   No. Landlords must follow the legal possession process before recovering possession of a property. Changing locks or attempting to force tenants out without a court order may amount to unlawful eviction and can lead to serious legal consequences.

2. How much rent arrears are needed for a section 8 notice?

   That depends on the grounds being relied upon and the circumstances of the tenancy. For Ground 8, landlords will usually need to show a minimum level of arrears both when the notice is served and at the possession hearing itself.

3. Can I recover legal costs from the tenant?

   Potentially, yes. Recovery of legal costs will depend on the tenancy agreement, the court order obtained, and the tenant’s financial position. Even where costs are awarded, enforcement may sometimes prove difficult.

4. What if the tenant ignores the section 8 notice?

   If the tenant does not leave voluntarily after the notice expires, landlords will usually need to issue possession proceedings through the court. A section 8 notice alone does not automatically end the tenancy or remove the tenant from the property.

5. Can I pursue the guarantor instead of the tenant?

   Potentially, yes, depending on the wording and enforceability of the guarantee agreement. Some guarantees may cover unpaid rent and other tenancy breaches, although legal advice is often sensible before enforcement action is taken.

6. How long do possession proceedings take?

   Timescales vary significantly depending on the court involved, whether the claim is defended, and whether enforcement action later becomes necessary. Delays are increasingly common in contested residential possession claims.

Guidance from our property litigation solicitors

Rent arrears disputes can escalate quickly, particularly where possession proceedings or guarantor claims become necessary. Taking legal advice early can often help landlords avoid delays, procedural mistakes, and wider complications later.

Bhavini Kalaria, solicitor and head of litigation, says:

“Landlords are facing increasing pressure when dealing with rent arrears and possession claims, particularly following the removal of section 21 notices. A well-planned approach from the outset can often make a significant difference, both in terms of recovery options and avoiding costly delays.”

Our team advises landlords locally and nationally on rent arrears recovery, section 8 notices, possession proceedings, guarantor disputes, and wider landlord and tenant disputes.

Get in touch to speak with our property litigation solicitors.